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Application for membership – Reserve Law Officers

2002 January 4

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Reserve Law Officers
Association of America
 (reslaw)

Application for Membership

 Print this form, fill it out, and then mail it with your $25 dues.

Your name:____________________________________________ Date: _____________

Address:________________________________________________________________

City: ________________________________________ State: _____ ZIP:_____________

Home Phone: (___) ______________   Work Phone: (___) _______________

FAX Number: (___) _____________ E-mail address: ____________________________

Pager: (_____) ______________ When does your group meet?______________________

Your law enforcement agency’s name: __________________________________________

I am a bona fide member of a law enforcement agency and in applying for membership in the
Reserve Law Officers Association of America I agree to abide by the Law Enforcement Code of Ethics.

Your signature: ____________________________
JOIN TODAY!
 - Mail this application with $25 for annual dues to:

Reserve Law Officers Association of America, P.O. Box 17807, San Antonio, TX 78217

Return to: Welcome Page                  Updated: 4 January 2002

Volunteer Protections Act of 1997

2002 January 3

Volunteer Protections Act of 1997

U.S. Senate Bill 543 by Senator Paul D. Coverdell (R-Georgia) became Public Law 105-19 on June 18, 1997 when signed by President Bill Clinton.

The new law provides certain protections to volunteers, nonprofit organizations, and governmental entities in lawsuits based on the activities of volunteers.

The Volunteer Protections Act of 1997 preempts State law except when such law provides additional protection from liability relating to volunteers in the performance of services for a nonprofit organization or governmental entity.

The law exempts volunteers from liability for harm caused by an act or omission of the volunteer if:

  1. the volunteer was acting within the scope of his or her responsibilities at the time;
  2. was properly licensed or otherwise authorized for the activities;
  3. the harm was not caused by willful or criminal misconduct, gross negligence, reckless conduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed, and;
  4. the harm was not caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or owner to possess an operator’s license or maintain insurance.

The law prohibits the award of punitive damages against a volunteer unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such volunteer which constitutes willful or criminal misconduct or a conscious, flagrant indifference to the rights or safety of the individual harmed.

The liability limits do not apply to any misconduct:

  1. that constitutes a crime of violence, or act of international terrorism, or a hate crime;
  2. that involves a sexual offense or a violation of civil rights law, or;
  3. under the influence of alcohol or drugs.

Related developments concerning
liability of volunteers

How the Volunteer Protections Act of 1997 might affect the Texas Tort Claims Act (Sec. 101.021 Civil Practice and Remedies Code, Title 5) remains to be seen, but in January, 1994, the Supreme Court of Texas inn Harris County v. Dillard (D-3293) held that “volunteer reserve sheriff was not ‘employee’ within the meaning of the Tort Claims Act, for whose conduct the county could be held liable.”

    Following that decision, the Harris County Attorney gave this decision:

“The county or the constable do not incur any liability by reason of the appointment of a reserve deputy constable if the reserve deputy constable incurs a personal injury while serving in that capacity.”

The opinion letter includes whether the county would be liable where the reserve deputy injures a third party, and refers to Dillard and states that

“the Court reasoned that an unpaid volunteer reserve deputy was not an ‘employee’ within the meaning of the Tort Claims Act and thus, Harris county was not liable for the actions of the reserve deputy.”

The letter says the county would not be liable for any injury caused by an unpaid reserve deputy nor for injuries to the reserve deputy, himself, assuming it does not involve a wrongful act or a policy of the county.

    In a decision April 28, 1997, the United States Supreme Court ruled 5-4 that a woman who was injured by a reserve deputy sheriff during a vehicle stop could not collect damages from the county that employed him just because the sheriff had not adequately reviewed his background before hiring him.

That case is Board of County Commissioners of
Bryan County (OK) v. Brown, et al, No. 95-1100.

Revised 3 January 2002

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Christian Web Links

2001 September 2
by admin

Foreign Web Pages

To reach any of the listed Foreign Web Pages
simply click on its 
underlined boldface

United Kingdom - specials

(Germany) Baden-Worttenberg Police – polizei

(Germany) Polizei des Landes Berlin (unofficial) – berlin

(Canada)  Peel Regional Police – peel

(Finland) Polisen i Finland – poliisi

(Scotland) Lothian & Borders Police -- lbp

(Netherlands) Politie Noord-en Oost-Gelderland – noord

(South Africa) South African Police Services – saps

(England) Thames Valley Police – tvp

IRS Amend

2001 July 4
by admin

Reserve Law Officers Association of America 
                     P. O.  Box 17807, San Antonio, Texas 78217 

Proposed rule change by Texas Commission on Private Security
would allow reserves with TCPS cards for work in law enforcement uniforms

As of mid-June, 2001, the Texas Commission on Private Security was considering a
PROPOSED RULE CHANGE as follows:

430.50       Uniform Requirements

     (e) An individual licensed by the Texas Commission on Law Enforcement Officers Standards and
Education (TCLEOSE) as a reserve peace officer may only wear the uniform of any political
subdivision of the state while not in the employ of such political subdivision if the wearer is
performing duties commonly associated with law enforcement of private security and the Texas
Commission on Private Security (TCPS) has, through the issuance of a pocket card, authorized
the reserve peace officer to engage in such activity.

     (f) A reserve peace officer who has met all other requirements for registration with a duly licensed
security company may, with the written permission of the political subdivision with whom the
reserve commission is held, wear the uniform of that political subdivision in lieu of the uniform
of the company with which he is employed.

     (g) A regular peace officer may wear either the uniform of the commissioning political subdivision
or any employing company subject only to the requirements of the political subdivision where
the commissioning authority resides.


Be sure to look at a proposed amendment to the Internal Revenue Code designed to
allow volunteers to deduct from their income taxes $2 for each hour they donate,
up to $2,000.  For information, click HERE.


      Revised 4 July 2001      Click here to return to: Home Page

Newsletter: South Carolina enacts sensible law for officers

2001 January 22
by admin

Washington, D.C. reserves: unpaid, outgunned
   
Last May, a police reserve officer in the District of Columbia and two full-time officers leaped out of their patrol cars to chase three shooting suspects. When they caught up, the suspects had a 9mm pistol.
The reserve had a flashlight.
He “had them at gunpoint with my finger”, meaning he hides one hand behind his flashlight so suspects will think he’s pointing gun.
He said, “you point a very bright flashlight, and most people will assume a police officer would have a gun.”
His actions won him the department’s silver medal. But other reserve corps officers say his situation is common. The poorly managed, mostly unarmed D.C. police reserves often fact criminals with little more than a blue uniform and a bluff.
The 114 officers are citizens who volunteer for the police department in their off-hours — on patrol, in investigations and helping with traffic and crowd control — because they enjoy police work and want to serve the community. They say the department has neglected the reserve program in recent years. They are often sent on dangerous patrols without guns, with little supervision and with limited police powers.
Reserves say only their own initiative and improvisation — from the finger trick to bending the rules governing their police authority — to get them through patrol.
Formed out of the World War II Civil Defense Force, the reserve corps commemorated its 50th anniversary last month. But its officers, who serve under part-time commanders, say their current situation gives them little to celebrate.
The corps’ membership is down from several hundred a few years ago.
Although they are theoretically required to work 12 to 16 hours per month, many reserves work far fewer hours, and several don’t work at all.
The active reserves say their biggest worry is that those who do work a routine schedule are sent out on the same kinds of patrols as regular officers, wearing the same uniforms but usually unarmed and often with limited powers.
Reserves also complain that sometimes they are sent to work in police district stations that aren’t expecting them because the commanders have not been notified. Coordination between reserves and regulars in the districts has been so bad that last year, a Maryland man who had obtained a D.C. police reserve badge allegedly made arrests and booked suspects in a police district without anyone noticing that he was not a reserve. After his arrest, the program was suspended, and reserves were issued new identification cards.
Reserve have their own disciplinary system that parallels that of regular officers and are defended by the District’s corporation counsel if they are sued.
The Washington POST interviewed Otto Vehle, national director of the Reserve Law Officers Association of America on how reserves elsewhere in the country compare with those in the District of Columbia. He said “It is very dangerous for everybody concerned” for patrolling reserves to be unarmed. He estimated that over 90% of the 333,000 reserve officers currently working are armed.
Experts at the Commission on Accreditation for Law Enforcement Agencies and the International Association of Chief of Police agree.
Gary Hankins, a retired D.C. police officer and former union head, is an advocate for the reserves.
“Just look at it — members of the community, working for free, to serve and protect other members of the community,” Hankins said. “There’s no question that they are not being used to even a significant fraction of their potential.

The Washington POST article was written by Arthur Santana and David A. Fahrenthold, Staff Writers, and appeared on page B01, Tuesday, October 17, 2000.

 

Not just booze anymore
Methamphetamines and marijuana are increasingly popular among teens, and police say parents should know the signs.
Smelling a kid’s breath used to be the way parents checked for alcohol use.
Booze is still the drug of choice among teens, but there’s a whole cornucopia of drugs now being used by youths, and some of the warning signs have changed.
When a teen experiences steady weight loss, sleeps all day, or is awake for two days straight, he or she many be one of the growing number of kids using methamphetamines.
Law enforcement officers say meth use among teens has increased at an alarming rate, joining the old standbys of pot and alcohol.
Meth is an upper.  People who use it are real active and have a short attention span. Also known as crank, crystal, ice, and croak, meth can be taken orally, injected, snorted or smoked. The addictive drug often leads to insomnia, increased blood pressure, malnutrition, depression and anxiety.

SEE, NO GUN! – Drug Possession Defendant Christopher Jansen, on trial in Pontiac Michigan, said he had been searched without a warrant. The prosecutor said the officer didn’t need a warrant because a “bulge” in Christopher’s jacket could have been a gun. Nonsense, said Christopher, who happened to be wearing the same jacket that day in court. He handed it over so the judge could see is.  The judge discovered a packet of cocaine in the pocket and laughed so hard he required a five minute recess to compose himself.BIG MOUTH – Dennis Newton was on trial for the armed robbery of a convenience store in a district court when he fired his lawyer. Assistant District Attorney Larry Jones said Newton, 47, was doing a fair job of defending himself until the store manager testified that Newton was the robber. Newton jumped up, accused the woman of lying, and then said, “I should have blown your (expletive) head off.”The defendant paused, then quickly added, “if I’d been the one that was there.”  The jury took 20 minutes to convict Newton and recommend a 30-year sentence.

ALSO IN THE NEWSLETTER:  A plan to exempt all peace officers from additional licensing when they perform off-duty private security work — Work done by the late Congressman Henry B. Gonzales to include volunteers in the Public Safety Officers Benefits Ace — How RLOAA accident medical expense insurance works — and more!

Law Link – Links to Law Enforcement Web Sites

2000 September 23

“Voice of the Volunteer Lawmen”

Phone: (210) 653-5754  /  FAX (210) 653-9655

QUICK LINKS TO OTHER LAW ENFORCEMENT WEB SITES

Click on the site you wish to open:

ABC (Alcoholic Beverage Commission)

Acworth, Georgia Police Department

AGENCIES, STATE OF TEXAS

“America’s Most Wanted”

American Police Beat

Attorney General of Texas

Auxiliary & Reserve Police Links

ATF (Bureau of Alcohol, Tobacco and Firearms

Bartlesville (Okla.) Police Reserves

Bexar County TX Pct. 2 Constable Jerry Connell

Bexar County TX Pct. 3 Constable Bob Lew

Bexar County TX Sheriff

Bill’s Police Site

CANADIAN RESERVES (Dale Green, Reserve Constable, Victoria, B.C.

Cop Net


 Low Officers Link to Christian Ministries


CIA (Central Intelligence Agency)

Dallas TX Police Department

Dallas Police Scanner

DEA (Drug Enforcement Administration)

FBI (Federal Bureau of Investigation)


FOREIGN WEB SITES


Governor Rick Perry of Texas

GOVERNMENT, STATE OF TEXAS

Harris County Sheriff Reserves – Houston, TX


LAW ENFORCEMENT RESERVE OFFICER WEB SITES


Los Angeles Police Scanner

MOST WANTED

N.R.A. (National Rifle Association)

Officer Net Pages

Police Guide

Police Officer’s Internet Directory

Police Hall of Fame Museum (Florida)

Police Officer’s Internet Directory

Prepaid Legal Services

Pueblo County, Colorado, Sheriff’s Department

San Antonio, TX Police Department

San Jose CA Police Reserve

TCLEOSE (Texas Commission on Law Enforcement Officers Standards and Education

Texas Attorney General

Texas Commission on Private Security

Texas State Homepage

DPS (Texas Department of Public Safety)

U. S. Department of Justice

U. S. Marshals

U. S. Secret Service

Return to Home Page

Revised 23 September 2000

Jim McGregor

2000 July 5
by admin

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acquainted!   polcar.jpg (2545 bytes)

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Jim McGregor
Police Department
Alamo Heights, Texas

6116 Broadway
San Antonio, Texas 78209

  • Dispatcher . . . . . . . . (210) 822-3321

  • Administration . . . . . . . . . .(210) 822-6433

  • Investigations . . . . .(210) 822-2164

  • Warrants . . . . . (210) 822-2948

  • EMERGENCY . . 911

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    A little information on my background:

            I hold a Peace Officer license from the Texas Commission on Law Enforcement Officers Standards and Education.

         My law enforcement career:

    Police Academy, San Antonio College

    Shavano Park Police Department

    Alamo Heights Police Department


    For several years I have volunteered my services to the Director of Protective Services at Castle Hills Baptist Church with a membership of 14,000.

Purposes for Reserve Law Enforcement Association

2000 February 25

Contents:

Summary

Reserve peace officers throughout our nation undergo intense training and participate in all facets of law enforcement, from crime prevention and traffic enforcement to felony arrests.

Today’s reserve peace officer is part of the “thin blue line” that separates the lawless from the law abiding citizens of this nation. They clearly are the “ultimate volunteers” of our society.

In January, 1970, the need of a national voice for these volunteers became apparent, and the Reserve Law Officers Association of America (reslaw) was organized. For the past 30 years reslaw has served as the “National Voice Of The Reserve Lawmen”.

Purposes

  • To promote the welfare of the law enforcement profession, paid and volunteer;
  • To assist and encourage qualified personnel to go into law enforcement and to assist in training such personnel;
  • To disseminate information about the law enforcement profession to the public;
  • To assist in the passage of legislation beneficial to the law enforcement profession and its members;
  • To recognize outstanding contributions made by members of the profession in areas of good citizenship, community activities, human relations and law enforcement; and
  • To provide benefits to members of the Association

Our Policies Are:

  1. The Association is a nonprofit/unincorporated body.
  2. Our programs are educational, advisory, and politically nonpartisan
  3. The Association is not a union nor a bargaining agent for volunteer peace officers; rather it works through Sheriffs, Constables, and Police Chiefs to assist them in organizing and/or upgrading their volunteer law enforcement officer force.
  4. We serve all members without regard to race, creed, sex, or ethnic extraction.

    Today’s reserve law enforcement officers are volunteers, with the same spirit as the volunteers who fought for our independence over 200 years ago.

 There are lots of different places where your volunteer services are needed — Little League, Boy Scouts, Church, etc. However, the person who decides to become a volunteer law officer will become the
Ultimate Volunteer!

Volunteers Under the Federal Fair Labor Standards Act

1999 August 5

VOLUNTEERS under the
federal Fair Labor Standards Act

Questions are being asked about whether or not an employee of a law enforcement agency may also serve as a volunteer for that agency.

Following is the pertinent portion of the federal Fair Labor Standards Act.

“Volunteer” defined

Standard Number: 553.101
Standard Title: “Volunteer” defined.
SubPart Number: B
SubPart Title: Volunteers

An individual who performs hours of service for a public agency for civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered, is considered to be a volunteer during such hours. Individuals performing hours of service for such a public agency will be considered volunteers for the time so spent and not subject to sections 6, 7, and 11 of the FSLA when such hours of service are performed in accord with sections 3(e)(4) (A) and (B) of the FLSA and the guidelines in this subpart.

Congress did not intend to discourage or impede volunteer activities undertaken for civic, charitable, or humanitarian purposes, but expressed its wish to prevent any manipulation or abuse of minimum wage or overtime requirements through coercion or undue pressure upon individuals to “volunteer” their service.

Individuals shall be considered volunteers only where there services are offered freely and without pressure or coercion, direct or implied, from an employer.

An individual shall not be considered a volunteer if the individual is otherwise employed by the same public agency to perform the same type of services as those for which the individual proposes to volunteer.

From the above it should be clear that the fact that a person is employed by a law enforcement agency does not prohibit that person from serving as a volunteer. However, if a person is paid fulltime as a police dispatcher, and in spare time volunteers as a volunteer police reserve officer, that person may perform duties such as patrol, but not be assigned as a dispatcher; nor should a fulltime paid detention guard be assigned as a volunteer reserve deputy assigned to jail duty.

Revised 5 August 1999

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PC2.12 Define “PEACE OFFICER” in Texas Code of Criminal Procedure

1999 May 1
by admin

Reserve Law Officers

Association of America (reslaw)

P.O. Box 17807, San Antonio, Texas 78217 

Changes proposed in Texas Code of Criminal Procedure

Proposed PPC changes are contained in H.B. 957 by Rep. Tom Uher.

The changes would include:

  • Clarify the definition of “Who Is A Peace officer”; however
  • It includes language which does not exempt Reserves from the Private Security Act.

H.B 957 was substituted and unanimously passed the Public Safety Committee in the House 2/23/99; placed on General State Calendar 3/2/99; passed the House 3/17/99; was substituted and unanimously passed the Senate Intergovernmental Relations Committee and recommended for Local & Uncontested Calendar 4/16/99; passed the full Senate 4/29/99; sent to Governor Bush. Following is the text of the amended H.B. 957:

By: Uher (Senate Sponsor - Whitmire)H.B. No. 957

(In the Senate - Received from the House March 18, 1999; March 22, 1999, read first time and referred to Committee on Intergovernmental Relations; April 16, 1999, reported adversely, with favorable Committee Substitute by the following vote: Yeas 4, Nays 0; April 16, 1999, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 957By: Moncrief

A BILL TO BE ENTITLED

AN ACT

relating to the law enforcement authority and status of a reserve deputy, reserve deputy constable, and reserve municipal police officer.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1.  Article 2.12, Code of Criminal Procedure, is amended to read as follows:

Art. 2.12.  WHO ARE PEACE OFFICERS. The following are peace officers:

(1)  sheriffs, [and] their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 415, Government Code;

(2)  constables, [and] deputy constables, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 415, Government Code;

(3)  marshals or police officers of an incorporated city, town, or village, and those reserve municipal police officers who hold a permanent peace officer license issued under Chapter 415, Government Code;

(4)  rangers and officers commissioned by the Public Safety Commission and the Director of the Department of Public Safety;

(5)  investigators of the district attorneys’, criminal district attorneys’, and county attorneys’ offices;

(6)  law enforcement agents of the Texas Alcoholic Beverage Commission;

(7)  each member of an arson investigating unit commissioned by a city, a county, or the state;

(8)  officers commissioned under Section 37.081, Education Code, or Subchapter E, Chapter 51, Education Code;

(9)  officers commissioned by the General Services Commission;

(10)  law enforcement officers commissioned by the Parks and Wildlife Commission;

(11)  airport police officers commissioned by a city with a population of more than one million, according to the most recent federal census, that operates an airport that serves commercial air carriers;

(12)  airport security personnel commissioned as peace officers by the governing body of any political subdivision of this state, other than a city described by Subdivision (11), that operates an airport that serves commercial air carriers;

(13)  municipal park and recreational patrolmen and security officers;

(14)  security officers commissioned as peace officers by the comptroller;

(15)  officers commissioned by a water control and improvement district under Section 49.216, Water Code;

(16)  officers commissioned by a board of trustees under Chapter 341, Acts of the 57th Legislature, Regular Session, 1961 (Article 1187f, Vernon’s Texas Civil Statutes);

(17)  investigators commissioned by the Texas State Board of Medical Examiners;

(18)  officers commissioned by the board of managers of the Dallas County Hospital District, the Tarrant County Hospital District, or the Bexar County Hospital District under Section 281.057, Health and Safety Code;

(19)  county park rangers commissioned under Subchapter E, Chapter 351, Local Government Code;

(20)  investigators employed by the Texas Racing Commission;

(21)  officers commissioned by the State Board of Pharmacy;

(22)  officers commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, Transportation Code, or by a regional transportation authority under Section 452.110, Transportation Code;

(23)  investigators commissioned by the attorney general under Section 402.009, Government Code;

(24)  security officers and investigators commissioned as peace officers under Chapter 466, Government Code;

(25)  an officer employed by the Texas Department of Health under Section 431.2471, Health and Safety Code;

(26)  officers appointed by an appellate court under Subchapter F, Chapter 53, Government Code;

(27)  officers commissioned by the state fire marshal under Chapter 417, Government Code;

(28)  an investigator commissioned by the commissioner of insurance under Article 1.10D, Insurance Code; and

(29)  apprehension specialists commissioned by the Texas Youth Commission as officers under Section 61.0931, Human Resources Code.

SECTION 2.  Sections 85.004(a) and (b), Local Government Code, are amended to read as follows:

(a)  The commissioners court of a county may authorize the sheriff to appoint reserve deputy sheriffs [who may be called on by the sheriff to serve as peace officers during the actual discharge of their official duties]. The commissioners court may limit the number of reserve deputies that may be appointed.

(b)  A reserve deputy serves at the discretion of the sheriff and may be called into service if the sheriff considers it necessary to have additional officers to preserve the peace and enforce the law. The sheriff may authorize a reserve deputy who is a peace officer as described by Article 2.12, Code of Criminal Procedure, to carry a weapon or act as a peace officer at all times, regardless of whether the reserve deputy is engaged in the actual discharge of official duties, or may limit the authority of the reserve deputy to carry a weapon or act as a peace officer to only those times during which the reserve deputy is engaged in the actual discharge of official duties. A reserve deputy who is not a peace officer as described by Article 2.12, Code of Criminal Procedure, may act as a peace officer only during the actual discharge of official duties. A reserve deputy, regardless of whether the reserve deputy is a peace officer as described by Article 2.12, Code of Criminal Procedure, is not:

(1)  eligible for participation in any program provided by the county that is normally considered a financial benefit of full-time employment or for any pension fund created by statute for the benefit of full-time paid peace officers; or

(2)  exempt from the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon’s Texas Civil Statutes).

SECTION 3.  Sections 86.012(a) and (b), Local Government Code, are amended to read as follows:

(a)  The commissioners court of a county may authorize a constable of the county to appoint reserve deputy constables. [A reserve deputy constable may serve as a peace officer during the actual discharge of the reserve deputy constable's official duties.] The commissioners court may limit the number of reserve deputy constables that a constable may appoint.

(b)  A reserve deputy constable serves at the discretion of the constable and may be called into service at any time that the constable considers it necessary to have additional officers to preserve the peace and enforce the law. The constable may authorize a reserve deputy constable who is a peace officer as described by Article 2.12, Code of Criminal Procedure, to carry a weapon or act as a peace officer at all times, regardless of whether the reserve deputy constable is engaged in the actual discharge of official duties, or may limit the authority of the reserve deputy constable to carry a weapon or act as a peace officer to only those times during which the reserve deputy constable is engaged in the actual discharge of official duties. A reserve deputy constable who is not a peace officer as described by Article 2.12, Code of Criminal Procedure, may act as a peace officer only during the actual discharge of official duties. A reserve deputy constable, regardless of whether the reserve deputy constable is a peace officer as described by Article 2.12, Code of Criminal Procedure, is not:

(1)  eligible for participation in any program provided by the county that is normally considered a financial benefit of full-time employment or for any pension fund created by statute for the benefit of full-time paid peace officers; or

(2)  exempt from the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon’s Texas Civil Statutes).

SECTION 4.  Sections 341.012(f), (g), and (h), Local Government Code, are amended to read as follows:

(f)  A member [Members] of a reserve force who is not a peace officer as described by Article 2.12, Code of Criminal Procedure, may act [serve] as a peace officer only [officers] during the actual discharge of official duties.

(g)  An appointment to the reserve force must be approved by the governing body before the person appointed may carry a weapon or otherwise act as a peace officer. On approval of [After] the appointment of a member who is not a peace officer as described by Article 2.12, Code of Criminal Procedure [is approved], the person appointed may carry a weapon only when authorized to do so by the chief of police and only when discharging official duties as a peace officer.

(h)  Reserve police officers may act only in a supplementary capacity to the regular police force and may not assume the full-time duties of regular police officers without complying with the requirements for regular police officers. On approval of the appointment of a member who is a peace officer as described by Article 2.12, Code of Criminal Procedure, the chief of police may authorize the person appointed to carry a weapon or act as a peace officer at all times, regardless of whether the person is engaged in the actual discharge of official duties, or may limit the authority of the person to carry a weapon or act as a peace officer to only those times during which the person is engaged in the actual discharge of official duties. A reserve police officer, regardless of whether the reserve police officer is a peace officer as described by Article 2.12, Code of Criminal Procedure, is not:

(1)  eligible for participation in any program provided by the governing body that is normally considered a financial benefit of full-time employment or for any pension fund created by statute for the benefit of full-time paid peace officers; or

(2)  exempt from the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon’s Texas Civil Statutes).

SECTION 5.  This Act takes effect September 1, 1999.

SECTION 6.  The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.

* * * * *

PROBLEM!!

While this bill needs to be passed to clarify the definition of “peace officer” as it applies to volunteers, a part at the end of this bill specifically states that volunteer peace officers are still subject to the Private Security Act.


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Revised on: May 1, 1999